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Satya Ram Singh v. State Of U.P. And Others - WRIT - C No. 65208 of 2006  RD-AH 20255 (29 November 2006)
Civil Misc. Writ Petition No. 65208 of 2006
Satya Ram Singh . .. . . . . . . . . . . . . . .. . . . ... . . . . .Petitioner.
State of U.P. and others . . . . . . . . . . . . . . . . . . . . . Respondents.
Hon'ble A.K. Yog,J.
By means of this writ petition the petitioner seeks to challenge the impugned order dated 7.11.2006 passed by respondent no.2 and the order dated 15.6.2006 passed by respondent no. 3 ( Annexures-10 and 6 respectively to the writ petition ).
Heard learned counsel for the petitioner and the learned Standing Counsel for the respondents.
In instant case, the petitioner was aggrieved by order dated 15.6.2006 whereby Block Development Officer, Eka district Firozabad ( respondent no. 3 to the writ petition ) had approved division of two ration dealers ( Satya Ram and Girish Chandra ) in village Nagla Gosha etc. Being aggrieved, the petitioner filed objection which remained pending and, hence, the petitioner approached this Court by filing Civil Misc. Writ Petition No. 42238 of 2006 ( Satya Ram Singh Vs. State of U.P. and others ) which was finally disposed of by this Court vide order dated 7.8.2006 ( Annexure-8 to the writ petition ). The said order required the concerned authority to decide the objection/representation of the petitioner.
It appears that the petitioner filed exhaustive representation dated 18.8.2006 ( Annexure no. 9 to the writ petition ) before respondent no.2. One of the grounds of objection against the order dealing with division of fair price shop dealers was that such a division was against the relevant government orders and rules. Since it was against the rules and government orders on the subject , it was prayed that the said order dated 15.6.2006 approving division be cancelled. The concerned authority decided the petitioner's representation by means of the impugned order dated 7.11.2006. The representation of the petitioner has not been dealt with favourably by the concerned authority and it was rejected on the ground that division of the shop dealers was done on the basis of the decision of Gram Panchayat. The reasoning adopted by the authority concerned does not appeal to logic or reason. It is apparent that division of fair price shop dealers cannot be said to be in order and the same being violative of the government orders and rules should not be approved or enforced even if there was resolution of the Gram Panchayat.
In that view of the matter, the impugned orders dated 15.6.2006 and 7.11.2006 suffer from manifest error apparent on the face of the record and the same cannot be sustained in law and are set aside. The concerned authority shall decide the matter a fresh in the light of the objection raised by the petitioner within four weeks of the receipt of certified copy of this order.
The writ petition is finally disposed of subject to the above directions.
No order as to costs.
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